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M&A monitor

Q1 2022

M&A monitor

What European buyers need to know about US deals

Welcome to our Q1 M&A monitor.

In this edition we lead with a special report from our recent M&A forum, where senior dealmakers joined a Transatlantic group of Freshfields partners to discuss what European buyers need to know about US deals. Here we round up the key takeaways, including:

  • the critical directors’ duties under Delaware law and how they influence the deal process;
  • whether it’s possible to negotiate exclusivity in US M&A;
  • managing the role of activists and other institutional shareholders;
  • potential landmines in US IP agreements;
  • how to approach management and employee retention;
  • the challenges of navigating CFIUS;
  • the changing US antitrust landscape;
  • how deal agreements are adapting to mitigate enhanced regulatory risk;
  • issues relating to employee equity awards and shareholder approvals; and
  • the evolution of US deal protections.

In this edition, we also examine the growth of SPACs in Asia, with both Singapore and Hong Kong welcoming their first SPAC listings since the start of the year (thanks to some outstanding work from our teams), as well as the usual quarterly deal data.

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